119-s477

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 477 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 477

 To amend the Controlled Substances Act and the Controlled Substances 
Import and Export Act to modify the offenses relating to fentanyl, and 
 for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 February 6 (legislative day, February 5), 2025

 Mr. Kennedy (for himself, Mr. Cruz, Mr. Graham, Mrs. Britt, and Mr. 
 Justice) introduced the following bill; which was read twice and 
 referred to the Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To amend the Controlled Substances Act and the Controlled Substances 
Import and Export Act to modify the offenses relating to fentanyl, and 
 for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Fairness in Fentanyl Sentencing Act 
of 2025''.

SEC. 2. CONTROLLED SUBSTANCES ACT AMENDMENTS.

 

Section 401

    (b)

    (1) of the Controlled Substances Act (21 U.S.C. 
841

    (b)

    (1) ) is amended--

    (1) in subparagraph
        (A)
            (vi) --
        (A) by striking ``400'' and inserting ``20'';
        (B) by striking ``100'' and inserting ``5''; and
            (C) by inserting ``scheduled or unscheduled'' 
 before ``analogue of''; and

    (2) in subparagraph
        (B)
            (vi) --
        (A) by striking ``40'' and inserting ``2'';
        (B) by striking ``10'' and inserting ``0.5''; and
            (C) by inserting ``scheduled or unscheduled'' 
 before ``analogue of''.

SEC. 3. CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT AMENDMENTS.

 

Section 1010

    (b) of the Controlled Substances Import and Export Act 
(21 U.S.C. 960

    (b) ) is amended--

    (1) in paragraph

    (1)
        (F) --
        (A) by striking ``400'' and inserting ``20'';
        (B) by striking ``100'' and inserting ``5''; and
            (C) by inserting ``scheduled or unscheduled'' 
 before ``analogue of''; and

    (2) in paragraph

    (2)
        (F) --
        (A) by striking ``40'' and inserting ``2'';
        (B) by striking ``10'' and inserting ``0.5''; and
            (C) by inserting ``scheduled or unscheduled'' 
 before ``analogue of''.

SEC. 4. DIRECTIVE TO THE SENTENCING COMMISSION.

    (a) 

=== Definition. ===
-In this section, the term ``Commission'' means the 
United States Sentencing Commission.

    (b) Directive to the United States Sentencing Commission.--Pursuant 
to the authority of the Commission under 

section 994

    (p) of title 28, 
United States Code, and in accordance with this section, the Commission 
shall review and amend, if appropriate, the guidelines and policy 
statements of the Commission applicable to a person convicted of an 
offense under 

section 401 of the Controlled Substances Act (21 U.S.C. 
841) or 

section 1010 of the Controlled Substances Import and Export Act 
(21 U.S.C. 960) to ensure that the guidelines and policy statements are 
consistent with the amendments made by sections 2 and 3 of this Act.
            (c) Emergency Authority.--The Commission shall--

    (1) promulgate the guidelines, policy statements, or 
 amendments provided for in this Act as soon as practicable, and 
 in any event not later than 120 days after the date of 
 enactment of this Act, in accordance with the procedure set 
 forth in 

section 21

    (a) of the Sentencing Act of 1987 (28 U.S.C. 
 994 note), as though the authority under that Act had not 
 expired; and

    (2) pursuant to the emergency authority provided under 
 paragraph

    (1) , make such conforming amendments to the Federal 
 sentencing guidelines as the Commission determines necessary to 
 achieve consistency with other guideline provisions and 
 applicable law.

SEC. 5. INTERDICTION OF FENTANYL, OTHER SYNTHETIC OPIOIDS, AND OTHER 
 NARCOTICS AND PSYCHOACTIVE SUBSTANCES.

    (a) 

=== Definitions. ===
-In this section--

    (1) the term ``chemical screening device'' means an 
 immunoassay, narcotics field test kit, infrared 
 spectrophotometer, mass spectrometer, nuclear magnetic 
 resonance spectrometer, Raman spectrophotometer, or other 
 scientific instrumentation able to collect data that can be 
 interpreted to determine the presence of fentanyl, other 
 synthetic opioids, and other narcotics and psychoactive 
 substances;

    (2) the term ``express consignment operator or carrier'' 
 has the meaning given the term in 

section 128.1 of title 19, 
 Code of Federal Regulations, or any successor thereto; and

    (3) the term ``Postmaster General'' means the Postmaster 
 General of the United States Postal Service.

    (b) Interdiction of Fentanyl, Other Synthetic Opioids, and Other 
Narcotics and Psychoactive Substances.--

    (1) Chemical screening devices.--The Postmaster General 
 shall--
        (A) increase the number of chemical screening 
 devices that are available to the United States Postal 
 Service; and
        (B) make additional chemical screening devices 
 available to the United States Postal Service as the 
 Postmaster General determines are necessary to 
 interdict fentanyl, other synthetic opioids, and other 
 narcotics and psychoactive substances that are 
 illegally imported into the United States, including 
 such substances that are imported through the mail or 
 by an express consignment operator or carrier.

    (2) Personnel to interpret data.--The Postmaster General 
 shall dedicate the appropriate number of personnel of the 
 United States Postal Service, including scientists, so that 
 those personnel are available during all operational hours to 
 interpret data collected by chemical screening devices.
            (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Postmaster General $9,000,000 to ensure that the 
United States Postal Service has resources, including chemical 
screening devices, personnel, and scientists, available during all 
operational hours to prevent, detect, and interdict the unlawful 
importation of fentanyl, other synthetic opioids, and other narcotics 
and psychoactive substances.
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